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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journal of the Confederate Congress --TWENTY-THIRD DAY--MONDAY, February 9, 1863.
OPEN SESSION.
The House met pursuant to adjournment, and was opened with prayer by the Rev. Dr. Burrows.
Leave of absence was, on motion of Mr. Davis, granted him, on account of illness in his family.
On motion, leave of absence was granted to Mr. Ayer, on account of illness.
Mr. Boteler, by consent, introduced
A bill to be entitled "An act authorizing the purchase of certain real estate for the use of the Ordnance Department;"
which was read the first and second times and referred to the Committee on Ordnance and Ordnance Stores.
Mr. Dargan introduced
A bill to be entitled "An act to punish deserters in certain cases;" which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Dargan also introduced
A bill to be entitled "An act to amend the several acts relating to chaplains in the Army;"
which was read the first and second times and referred to the Committee on Military Affairs.
Mr. Dargan presented the memorial of L. Merchant & Co., of Alabama, praying compensation for rations, etc., furnished the Government; which was referred to the Committee on Claims, without being read.
Mr. Clopton offered the following resolution, viz:
Resolved, That the Committee on the Medical Department be directed to inquire into the expediency of establishing one or more hospitals for the sick or wounded soldiers from such States, respectively, who may be unfit for service for thirty days;
which was read and agreed to.
Mr. Clopton also presented the memorial of sundry citizens of Alabama in relation to the exemption act; which was referred to the Committee on Military Affairs, without being read.
Mr. Foster offered the following resolution, viz:
Resolved, That the Committee on Printing be instructed to have five thousand additional copies of the President's message and a similar amount of the reports of each of the Executive Departments printed for the use of this House.
Mr. Foster moved that the rule requiring the resolution to be referred to the Committee on Printing be suspended.
The motion was lost, and the resolution was referred to the Committee on Printing.
Mr. Foote moved that the House resolve itself into secret session.
The motion was lost.
Mr. Foster offered the following resolution, viz:
Resolved, That the Military Committee be instructed to report a bill providing for the conscribing and placing in the public service in the field every white male citizen, resident, or sojourner within the Confederate States, without regard to age, physical ability, trade, profession, or pursuit, whenever it may be satisfactorily ascertained that such citizen, resident, or sojourner has refused to receive Confederate money in payment for any article sold or offered for sale by him; and any such citizen, resident, or sojourner in the Confederate States shall also be made and held liable to be conscribed
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and placed in the public service in the field for selling or attempting to sell any article whatever at an advance of more thanper cent upon the prices charged two years ago for articles of the same kind and quality, whether the same be used for dress or consumption, or for any purpose whatever;
which was read.
And the question being upon the passage of the same,
Mr. Foster demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Chambers, Chrisman, Clopton, Currin, Curry, Ewing, Foote, Foster, Freeman, Gartrell, Goode, Graham, Hanly, Hilton, Holt, Lyon, McRae, Menees, Perkins, Pugh, Staples, and Wright of Tennessee.
Nays: Arrington, Ashe, Atkins, Baldwin, Batson, Bell, Boteler, Boyce, Breckinridge, Eli M. Bruce, Horatio W. Bruce, Burnett, Chambliss, Chilton, Clapp, Collier, Conrad, Conrow, Crockett, Davidson, Elliott, Farrow, Gaither, Gardenhire, Garland, Gray, Hartridge, Holcombe, Johnston, Jones, Kenner, Lander, Lewis, Lyons, Machen, Marshall, McDowell, McLean, McQueen, Miles, Moore, Munnerlyn, Ralls, Read, Royston, Sexton, Simpson, Singleton, Smith of Alabama, Smith of North Carolina, Trippe, Vest, Villeré, Wilcox, and Mr. Speaker.
So the resolution was lost.
Mr. Chilton moved a reconsideration of the vote by which the resolution was lost.
Mr. Smith of Alabama presented a memorial from T. S. Harwell and Eugene McCaa, of Alabama, praying that flogging in the Army be abolished; which was read, ordered to be printed, and laid upon the table.
Mr. Smith of Alabama introduced
A bill to be entitled "An act to prohibit the punishment of soldiers by whipping;"
which was read the first and second times.
On motion of Mr. Smith, the rule requiring the reference of the bill to a committee was suspended.
The bill having been taken up and read as follows:
The Congress of the Confederate States do enact, That from and after the passage of this act it shall not be lawful for any court-martial to cause any soldiers in the service of the Confederate States to be punished by whipping or the infliction of stripes upon his person, and that all laws and customs contravening the provisions of this act be, and the same are hereby, repealed,
Mr. Miles moved to amend the same by striking out all after the enacting clause and inserting in lieu thereof the following, to wit:
That the infliction of corporeal punishment by flogging in the armies of the Confederate States is hereby abolished.
Mr. Ralls demanded the question.
The question was ordered, and the amendment was lost.
Mr. Singleton demanded the question; which was ordered, and the bill was engrossed, read a third time, and passed.
Mr. Elliott, from the Committee on Enrolled Bills, reported as correctly enrolled
A bill to be entitled "An act making appropriations for the support of the Government for the period from February first to June thirtieth,
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[eighteen hundred and sixty-three,] inclusive, and to supply deficiencies arising prior thereto."
And the same was signed by the Speaker.
The Chair announced as the special committee to inquire into the expediency of providing homesteads for officers and soldiers disabled in the service:
Messrs. Conrad of Louisiana, Chilton of Alabama, Atkins of Tennessee, Garland of Arkansas, Johnston of Virginia, Hartridge of Georgia, Hilton of Florida, Gray of Texas, Clapp of Mississippi, Ashe of North Carolina, McQueen of South Carolina, Machen of Kentucky, and Bell of Missouri.
Mr. Miles called for the special order of business.
Mr. Foote moved that the House resolve itself into secret session.
Mr. Curry demanded the yeas and nays.
The yeas and nays were ordered,
Yeas: Arrington, Atkins, Bell, Boyce, Bridgers, Burnett, Clapp, Conrow, Davis, De Jarnette, Foote, Gardenhire, Garnett, Hodge, Jones, Lewis, Lyons, Machen, McDowell, Menees, Moore, Perkins, Read, Strickland, Vest, and Villeré.
Nays: Ashe, Baldwin, Barksdale, Batson, Boteler, Eli M. Bruce, Horatio W. Bruce, Chambers, Chambliss, Chilton, Chrisman, Clark, Clopton, Collier, Conrad, Crockett, Currin, Curry, Dargan, Davidson, Dupré, Ewing, Foster, Freeman, Gaither, Garland, Gartrell, Goode, Graham, Gray, Hanly, Hartridge, Hilton, Holcombe, Holt, Johnston, Lander, Lyon, Marshall, McLean, McQueen, Miles, Munnerlyn, Pugh, Ralls, Royston, Sexton, Simpson, Singleton, Smith of North Carolina, Staples, Trippe, Wilcox, and Wright of Tennessee.
So the House refused to resolve itself into secret session.
Mr. Holcombe moved that the special order be postponed.
The motion was lost, and
The House proceeded to the consideration of the special order of business; which was the bill declaring what persons shall be exempt from military service.
The question being on the motion of Mr. Dargan to recommit the bill and amendments to the Committee on Military Affairs,
Mr. Dargan withdrew said motion.
Mr. Collier moved to amend by striking out all of the original after the enacting clause and inserting in lieu thereof the following, to wit:
That all persons who shall be held unfit for military service in the field by reason of bodily or mental incapacity or imbecility, under rules to be prescribed by the Secretary of War; the Vice-President of the Confederate States; the officers, judicial and executive, of the Confederate and State governments, including postmasters appointed by the President and confirmed by the Senate, and such clerks in their offices as are allowed by the Postmaster-General and now employed, and excluding all other postmasters, their assistants and clerks; and except such State officers as the several States may have declared, or may hereafter declare, liable to militia duty; the members of both Houses of the Congress of the Confederate States and of the legislatures of the several States and their respective officers; all clerks now in the offices of the Confederate and State governments authorized by law, receiving salaries or fees; all volunteer troops heretofore raised by any State since the passage of the act entitled "An act further to provide for the public defense," approved April sixteenth, eighteen hundred and sixty-two, while such troops shall be in active service under State authority: Provided, That this exemption shall not apply to any person who was liable to be called into service by virtue of said act of April sixteenth, eighteen hundred and sixty-two; all pilots and persons engaged in the merchant marine service;
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the president, superintendents, conductors, treasurer, chief clerk, engineers, managers, station agents, section masters, two expert track hands to each section of eight miles, and mechanics in the active service and employment of railroad companies, not to embrace laborers, porters, and messengers; the president, general superintendent, and operators of telegraph companies, the local superintendent and operators of said companies not to exceed four in number at any locality but that at the seat of government of the Confederate States; the president, superintendents, captains, engineers, chief clerk, and mechanics in the active service and employment of all companies engaged in river and canal navigation, and all captains of boats and engineers therein employed; one editor of each newspaper now being published, and such employees as the editor or proprietor may certify on oath to be indispensable for conducting the publication; the Public Printer and those employed to perform the public printing for the Confederate and State governments; every minister of religion authorized to preach according to the rules of his sect and in the regular discharge of ministerial duties, and all persons who have been and now are members of the Society of Friends and the Association of Dunkards, Nazarines, and Mennonists in regular membership in their respective denominations: Provided, That members of the Society of Friends, Nazarines, Mennonists, and Dunkards shall furnish substitutes or pay a tax of five hundred dollars each into the public treasury; all physicians who now are and have been for the last five years in actual practice of their profession; all superintendents of public hospitals, lunatic asylums, and the regular physicians, nurses, and attendants therein, and the teachers employed in the institutions for the deaf, dumb, and blind; in each apothecary store now established and doing business, one apothecary in good standing who is a practical apothecary; all superintendents, managers, mechanics, and miners employed in the production and manufacture of salt to the extent of twenty bushels per day, and of lead and iron, and all persons engaged in burning coke, smelting, and manufacture of iron, regular miners in coal mines, and all colliers engaged in making charcoal for making bar and pig iron, not to embrace laborers, messengers, wagoners, and servants, unless employed at works conducted under the authority and by the officers or agents of a State, or in works employed in the production of iron for the Confederate States; also a regiment raised under and by authority of the State of Texas for frontier defense, now in the service of said State, while in such service: Provided further, That the exemptions herein above enumerated and granted hereby shall only continue whilst the persons exempted are actually engaged in their respective pursuits or occupations: Provided further, That the Secretary of War shall, upon such terms and conditions as may be prescribed by him, and with the approval of the President, exempt from all military service, or detail for specified purposes, such person or persons, as, with the approval of the President, he may deem essential for the good of the service or the general interests of the country: And provided further, That the enrollment of persons between forty and forty-five years of age shall be suspended until the President shall call such persons into the military service.
Mr. Dargan moved that the bill and amendment be recommitted to the Committee on Military Affairs.
Mr. Royston demanded the question; which was ordered.
On motion of Mr. Miles,
The House adjourned until 12 o'clock to-morrow.
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